HomeMy WebLinkAbout1980-2477 ORDINANCE NO. ,d
AN ORDINANCE relating to public safety and morals; defining terms;
prohibiting the use, possession, manufacture, sale
and advertising for sale of drug paraphernalia; pro-
viding for the seizure and forfeiture of drug para-
phernalia; and enacting Chapter 6.08, "Drug Parapher-
nalia", as a new chapter of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.08, "Drug Paraphernalia", and Sections
6.08.010, 6.08.020, 6.08.030 and 6.08.040 thereof, are hereby
enacted as a new chapter and new sections of the City of Yakima
Municipal Code, to read, as follows:
"Chapter 6.08
DRUG PARAPHERNALIA
6.08.010 Definitions. As used in this chapter,
the following words, terms and phrases shall have the
following respective meanings ascribed to them:
1. 'Controlled substance' means any substance, or its
immediate Precursor, listed in Schedules I through
V, inclusive, of Article II of Chapter 69,50 of
the Revised Code of Washington.
2. 'Deliver' means the actual, constructive, or attempted
transfer from one person to another of drug para-
phernalia whether or not there is an agency relation-
, ship.
3. 'Drug paraphernalia' means all equipment, products
and materials of any kind which are principally
intended or designed for use, in planting, propagat-
ing, cultivating, growing, harvesting, manufac-
411 turing, compounding, converting, producing, proces-
sing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled sub-
stance in violation of Chapter 69.50 of the Revised
Code of Washington. It includes, but is not limited
to:
a. Kits principally intended or designed for use
in planting, propating, cultivating, growing
or harvesting of any species of plant which
is a controlled substance or from which a
controlled substance can be derived;
111 b. Kits principally intended or designed for use
in manufacturing, compounding, converting,
producing, processing, or preparing controlled
substances;
c. Isomerization devices principally intended
• Ai.
or designed for use in increasing the potency
of any species of plant which is a controlled
substance;
d. Testing equipment principally intended or
designed for use in identifying,-or in analyz-
ing the strength, effectiveness or purity
of controlled substances;
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e. Scales and balances principally intended or
designed for use in weighing or measuring
controlled substances;
f. Dilutents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose
and lactose, principally intended or designed
for use in cutting controlled substances;
g. Separation gins and sifters principally in-
tended or designed for use in removing twigs
and seeds from, or in otherwise cleaning or
refining marijuana;
h. Blenders, bowls, containers, spoons and mix-
ing devices principally intended or designed
for use in compounding controlled substances;
i. Capsules, balloons, envelopes and other con-
tainers principally intended or designed for
use in packaging small quantities of con-
trolled substances;
j. Containers and other objects principally
intended or designed for use in storing or
concealing controlled substances;
k. Hypodermic syringes, needles and other objects
principally intended or designed for use in
parenterally injecting controlled substances
into the human body;
1. Objects principally intended or designed for
use in ingesting, inhaling, or otherwise
introducing marijuana, cocaine, hashish,
or hashish oil into the human body, such
as:
aa. Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without
screens, permanent screens, hashish
heads, or punctured metal bowls;
bb. Water pipes; •
cc. Carburetion tubes and devices;
dd. Smoking and carburetion masks;
ee. Roach clips; meaning objects used to hold
burning marijuana cigarette that has
become too small or too short to be
held in the hand;
ff. Miniature cocaine spoons, and cocains
vials;
gg. Chamber pipes;
hh. Carburetor pipes;
ii. Electric pipes;
jj. Air-driven pipes;
110
kk. Chillums;
11. Bongs;
mm. Ice pipes or chillers;
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• In determining whether an object 1.6 drug parapher-
nalis, a court or other authority should consider,
in addition to all other logically relevant fac-
tors, the following:
Ilk (1) Statements by an owner or by anyone in control
of the object concerning its use;
• (2) The proximity of the object, in time and
space, to a direct violation of this Chapter
of Chapter 69.50 of the Revised Code of
Washington;
(3) The proximity of the object to controlled
substances;
(4) The existence of any residue of controlled
substances on the object;
(5) Direct or circumstantial evidence of the
intent of an owner, or of anyone in control
Ail of the object, to deliver it to persons whom
he knows, or should reasonably know, intend
mg! to use the object to facilitate a violation
of this Chapter or Chapter 69.50 of the Re-
vised Code of Washington; the innocence of
of an owner, or of anyone in control of the
object, as to a direct violation of this
Chapter, shall not prevent a finding that
the object is intended for use, or designed
for use, as drug paraphernalia;
(6) Instructions, oral or written, provided with
the object which explain or depict its use;
(7) Descriptive materials accompanying the object
which explain or depict its use; .
(8) National and local advertising concerning
its use;
(9) The manner in which the object is displayed
for sale;
(10) Whether the owner, or anyone in control of
the object, is a legitimate supplier of like
or related items to the community, such
as a licensed distributor or dealer of tobacco
products;
(11) Direct or circumstantial evidence of the ratio
of sales of the object(s) to the total sales
of the business enterprise;
(12) The existence and scope of legitimate uses
for the object in the community;
(13) Expert testimony concerning its use.
4. 'Immediate precursor' melns a substarce which the
State Board of Pharmacy has found to be and by
rule designates as being the principal compound
commonly used or produced primarily for use,
and which is an immediate chemical intermediary
used or likely to be used in the manufacture of
a controlled substance, the control of which is
necessary to prevent, curtail, or limit manufac-
ture.
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5. 'Manufacture' means the production, preparation,
propagation, compounding, conversion, or proces-
sing of a controlled substance, either directly
or indirectly by extraction from substances of
natural origin, or independently by means of
chemical synthesis, or by a combination of ex-
traction and chemical synthesis, and includes
any packaging or repackaging of the substance or
labeling or relabeling of its container; except
that this term does not include the preparation,
compounding, packaging, or labeling of a controlled
substance by a practitioner, as defined by Chapter
69.50 of the Revised Code of Washington, as an
incident to administering or dispensing of a con-
trolled substance in the course of the practi-
tioner's practice, nor does this term include
the preparation, compounding,packaging, or label-
ing of a controlled substance by a practitioner,
as defined by Chapter 69.50 of the Revised Code
of Washington, or by an authorized agent under
the practitioner's supervision, for the purpose
of, or as an incident to, research, teaching,
or chemical analysis and not for sale.
6. 'Marijuana' means all parts of the plant of the
genus Cannibis L., whether growing or not; the
seeds thereof; the resin extracted from any part
of the plant and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature
stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, deriva-
tive, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil,
or cake, or the sterilized seed of the plant which
is incapable of germination.
7. 'Person' means individual, corporation, government
or governmental subdivision of agency, business
trust, estate, trust, partnership or association
or any other legal entity,
6.08.020 Prohibited acts. A. Possession of drug
paraphernalia. It is unlawful for any person to use,
or to possess with intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manu-
facture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal,
iniect, ingest, inhale, or otherwise introduce into
the human body a controlled substance in violation of
Chapter 69.50 of the Revised Code of Washington.
B. Manufacture or delivery of drug paraphernalia.
110
It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver,
drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used
110
to plant, propagate, cultivate, grow, harvest, manu-
facture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale, or otherwise introduce into
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111 the human body a controlled substance in violation of
Chapter 69.50 of the Revised Code of Washington.
C. Advertisement of drug paraphernalia. It is
unlawful for any person to place in any newspaper, maga-
zine, handbill, or other publication any advertisement,
knowing, or under circumstances where one reasonably
should know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects
designed or intended for use as drug paraphernalia.
6.08.030 Seizure and forfeiture. A. Property
subject to seizure and forfeiture. All drug parapher-
nalia as defined by Section 6.08.010 of this chapter
is subject to seizure and forfeiture to the City of
Yakima.
B. Procedure for seizure and forfeiture.
(1) Drug paraphernalia may be seized and held
as evidence in connection with an arrest for a viola-
tion of any provision of this chapter, and forfeited
to the City or otherwise disposed of as may be ordered
by the court.
(2) The Yakima County District Court or other
court of competent jurisdiction may issue a warrant
for the seizure of drug paraphernalia. Drug para-
phernalia seized pursuant to a warrant is subject
to forfeiture by court order.
(3) Any peace officer having probable cause
to believe that property constitutes drug parapher-
M :hetoprboepercp:otvoidseedi::: and forfeiture,
proceed-
ings for the forfeiture thereof shall be commenced
no later than five days after the initial seizure.
C. Abandoned or lost drug paraphernalia. Drug
paraphernalia in the possession of the City which is
abandoned or lost, or for whom the owner cannot be
determined, shall be disposed of in the same manner
as other contraband property.
D. Ownership of forfeited property. Property
forfeited pursuant to this chapter shall be the sole
411- property of the City of Yakima.
6.08.040 Severability. If any provision of this
'chapter or the application thereof to any person or
circumstances is held invalid, the invalidity does not
411 affect other provisions or applications of this chapter
which can be given effect within the invalid provision
or application, and to this end the provisions of this
chapter are severable."
Section 2. This ordinance shall be in full force and effect
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thirty days after its passage, approval and publication as provided
• by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this /4.44
•
day of lett , 198 0 .
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